Ohio official: Courts shouldn't set voting rules
By ANN SANNER, Associated Press
Oct 16, 2012 2:19 PM CDT
FILE - This Sept. 27, 2012 file photo shows the Supreme Court building in Washington under a protective scrim, as work continues on the facade. The Supreme Court is siding with Democrats in refusing to block early voting in the battleground state of Ohio. The court on Tuesday refused a Republican request...   (Associated Press)

Ohio's elections chief says it's time to move on after the Supreme Court refused his request to get involved in a dispute over early voting in the battleground state.

The high court on Tuesday sided with Democrats, clearing the way for early voting on the final three days before Election Day.

Republican Secretary of State Jon Husted (HYOO'-sted) says in a statement that despite the ruling, he believes the Ohio Legislature, not the federal courts, should set the voting rules.

But he says it's time to set aside the issue for this election.

President Barack Obama's campaign and Democrats sued the state over changes in Ohio law that took away the three days of voting for most people. The changes made exceptions for military personnel and Ohioans living overseas.

THIS IS A BREAKING NEWS UPDATE. Check back soon for further information. AP's earlier story is below.

The Supreme Court sided with Democrats on Tuesday in refusing to block a decision over disputed early voting days in the battleground state of Ohio, giving President Barack Obama's campaign a victory three weeks before the election.

The court refused a request by the state's Republican elections chief and attorney general to get involved in a battle over early voting on the three days before Election Day.

Obama's campaign and Ohio Democrats sued the state officials over changes in state law that took away the three days of voting for most people but made exceptions for military personnel and Ohioans living overseas.

Democrats in their lawsuit cited a recent study saying nearly 105,000 people voted in the three days before the election in 2008. They argued everyone should have the chance to vote on those days. And they said eliminating the opportunity for most Ohio residents to vote in person on those days, while giving military or overseas voters the chance to do so, leads to unequal treatment.

Attorneys for the state said many laws already grant military personnel special voting accommodations, such as requirements for states to send absentee ballots to them 45 days before the election. And they argued local boards also need those final days to prepare for the election.

On Oct. 5, a federal appeals court reinstated voting on the weekend and Monday before the election and returned discretion to set hours on those days to local boards of elections.

Ohio Secretary of State Jon Husted appealed that ruling to the Supreme Court last week. He said it opened up the chance for Ohio's 88 county boards of elections to set different rules, while simultaneously ordering that all voters be treated the same.

Before the changes to the Ohio law, local boards of elections set their own early voting hours. And those hours varied among the state's counties.

Husted had been accepting boards' recommendations for hours on the disputed days in the event his appeal wasn't successful.

Shortly after the high court's decision, Husted ordered uniform hours across the state. The hours are from 8 a.m. to 2 p.m. on Saturday, Nov. 3; from 1 p.m. to 5 p.m. on Sunday, Nov. 4; and from 8 a.m. to 2 p.m. on Monday, Nov. 5.

Bob Bauer, general counsel for Obama for America, praised the Supreme Court's decision.

"We now turn our full attention to educating Ohio voters on when and how they can vote along with presenting the clear choice they face when selecting their next president," Bauer said in a statement.

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Associated Press writer Mark Sherman in Washington contributed to this report.

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